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High Court of Punjab and HaryanaCRM-M/37042/2025allowed

Aarif v. State Of Haryana

2025-10-31Mrs. Justice Amarjot Bhatti3 pages

  

     

     

     

                      CRM-M-37042-2025  

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Petitioner Aarif has filed instant petition under Section 483 *$/7$.)+$.

*) *-"!" for grant of regular bail in FIR No.315 dated 22.08.2024 under Sections 376 (2) (n) and 506 of IPC registered at Police Station Tehsil Camp Panipat, District Panipat (Annexure P-1).  2.

As per facts of the case, complainant 'H' wife of 'AS' gave her statement that she is married lady having three children. She was working in the godown at Barsat road where Aarif was also working. While working on 30.04.2023, she found a bracelet, two dollars, gold saree pin and on seeing that Aarif came towards her and told her that those articles now belonged to her since she found those articles. With the passage of time, they started talking to each other. One day by giving her allurement, he took her to a

" hotel near Sanjay Chowk, Panipat and committed forcible rape with her. With the passage of time, he started causing harassment. Finally, she left the job. Wherever she used to work Aarif used to reach there. One day, he came to her house and tried to commit forcible act with her. She tried to resist him, on this he showed her obscene video and started threatening to viral the same on internet. She was repeatedly sexually exploited by giving her threats and also took money from her. He continued to behave in this manner for the last about 1 1⁄2 years. Finally, the matter was reported to the police. 3.

Learned counsel for the petitioner argued that all allegations levelled against him are false. He is falsely implicated in this case. He was arrested on 02.09.2024 and since then he is behind the bars. His regular bail application was wrongly declined by learned ASJ, Panipat vide order dated 03.06.2025 (Annexure P-2). He has already joined the investigation. Trial in this case may take long time. Therefore, his regular bail petition may be allowed.

4.

Status report filed. Learned counsel for the State pointed out that the complainant has levelled specific serious allegations against the petitioner. On completion of investigation, challan was presented on 14.11.2024. Charges are framed. Three prosecution witnesses are also examined. Petitioner was arrested in this case on 02.09.2024. He is not involved in any other criminal case. Copy of MLR (Annexure R-1) and copy of statement of victim recorded before the Magistrate (Annexure R-2) are also placed on record.

 5.

I have considered the arguments and have gone through the record carefully. As referred above, trial in this case is under progress. I have received copy of statement of the victim recorded before the trial Court as PW1. She did not support the prosecution case and was accordingly declared hostile. She denied to have lodged any complaint to the police against the petitioner. As per the custody certificate, he is already behind the bars for the last 11 months 19 days. Other prosecution witnesses are yet to be examined. Trial in this case may take some time. Learned trial Court will appreciate evidence at appropriate stage. Considering the aforesaid factual position, no purpose would be served by keeping the petitioner behind the bars for indefinite time period.

Therefore, without expressing my mind on the merits of the case, regular bail petition filed by the petitioner is allowed  0* $0$08$2 0 82 +$  * 7828  0 +$/ 8 *   $2 +$9+/+07- $ 0  :   0 71 22 + ,,2 5 6- /-  0 , 0 $0 72/ ;22     5&  6 5&  6 5&  6 5&  6                   ! "!"#  ! "!"#  ! "!"#  ! "!"

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